Date: 20091208
Docket:
A-478-08
Citation:
2009 FCA 360
CORAM: BLAIS C.J.
NADON J.A.
TRUDEL J.A.
BETWEEN:
MARTHA COADY
Appellant
and
THE
DIRECTOR OF PUBLIC PROSECUTIONS,
THE ROYAL CANADIAN
MOUNTED POLICE AS
REPRESENTED BY THE
DEPUTY COMMISSIONER OF THE
RCMP and THE
ATTORNEY GENERAL FOR ONTARIO
Respondents
Heard
at Ottawa, Ontario, on December
8, 2009.
Judgment delivered from the Bench at Ottawa, Ontario, on December
8, 2009.
REASONS FOR JUDGMENT OF THE COURT
BY: BLAIS C.J.
Date: 20091208
Docket:
A-478-08
Citation:
2009 FCA 360
CORAM: BLAIS C.J.
NADON J.A.
TRUDEL J.A.
BETWEEN:
MARTHA
COADY
Appellant
and
THE DIRECTOR OF
PUBLIC PROSECUTIONS,
THE ROYAL CANADIAN
MOUNTED POLICE AS
REPRESENTED BY THE
DEPUTY COMMISSIONER OF THE
RCMP and THE
ATTORNEY GENERAL FOR ONTARIO
Respondents
REASONS FOR
JUDGMENT OF THE COURT
(Delivered
from the Bench at Ottawa, Ontario,
on December 8, 2009)
BLAIS C.J.
[1]
While the motions judge erred in his determination of the test for the
granting of an order under rule 377(1), it had no impact on the final outcome.
By any measure, the appellant was not able to demonstrate even on the basis of
the less onerous criteria, that there was a serious issue to be tried.
[2] As the error had no
incidence on the ultimate decision, the appeal will be dismissed with costs
established at $985.
“Pierre Blais”
FEDERAL COURT
OF APPEAL
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-478-08
appeal from an order
of Mr. Justice Martineau, FEDERAL cOURT, September 22, 2008 (T-268-08)
STYLE OF CAUSE: Martha
Coady v.The Director of Public
Prosecutions, The Royal Canadian
Mounted Police as represented
by the Deputy Commissioner
of the RCMP and the Attorney
General for Ontario
PLACE OF
HEARING: Ottawa, Ontario
DATE OF
HEARING: December
8, 2009
REASONS
FOR JUDGMENT OF THE COURT BY: BLAIS C.J., NADON,
TRUDEL
JJ.A.
DELIVERED
FROM THE BENCH BY: BLAIS C.J.
APPEARANCES:
|
Self represented
|
FOR THE APPELLANT
|
|
Alexandre Kaufman
|
For the respondents
(The Director of Public Prosecutions, The Royal Canadian Mounted Police)
|
SOLICITORS OF RECORD:
|
N/A
|
FOR THE APPELLANT
|
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE RESPONDENTS (The Director of Public Prosecutions,
The Royal Canadian Mounted Police)
|
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